University of Minnesota



Constitution of the Kyrgyz Republic


 

 

 

 

                  Adopted on the twelfth session of the Supreme Council of the Kyrgyz Republic of
                   the twelfth assembly on May 5, 1993, changed and amended by the Law of the
                   Kyrgyz Republic on Changes and Amendments to the Constitution of the Kyrgyz
                   Republic of February 17, 1996 passed by the Referendum of Februarys 10, 1996

                   TABLE OF CONTENTS

                     Chapter One. KYRGYZ REPUBLIC
                     Section One. GENERAL PRINCIPLES
                     Section Two. THE STRUCTURE AND ACTIVITIES OF THE STATE
                     Chapter Two. CITIZENS
                     Section One. CITIZENSHIP
                     Section Two. RIGHTS AND FREEDOMS OF CITIZEN
                     Section Three. RIGHTS AND DUTIES OF A CITIZEN
                     Chapter Three. PRESIDENT
                     Section One. ELECTION
                     Section Two. POWERS OF THE PRESIDENT
                     Chapter Four. THE JOGORKU KENESH
                     Section One. POWERS OF THE LEGISLATIVE ASSEMBLY AND ASSEMBLY OF
                     PEOPLE'S REPRESENTATIVES
                     Section Two. LEGISLATIVE ACTIVITIES
                     Chapter Five. EXECUTIVE POWDER
                     Section One. THE GOVERNMENT
                     Section Two. LOCAL STATE ADMINISTRATION
                     Section Three. THE PROCURATOR'S GENERAL OFFICE
                     Chapter Six. COURTS AND JUSTICE
                     Chapter Seven. LOCAL SELF-ADMINISTRATION
                     Chapter Eight. THE PROCEDURE OF AMENDING AND SUPPLEMENTING THE
                     CONSTITUTION OF THE KYRGYZ REPUBLIC
 

                   We, the People of Kyrgyzstan,
                   striving to provide national revival of the Kyrgyz, the protection and development
                   of all nationalities, forming along with the Kyrgyz the people of Kyrgyzstan, based
                   on the commandment of the ancestors to live in unity, peace and concordance:
                   confirming our devotion to human rights and freedoms and to the idea of national
                   statehood; full of resolution to develop the economy, political and legal institutes,
                   and culture for providing a decent level of life for everyone; proclaiming our
                   devotion to common human moral values of national traditions, wishing to
                   confirm ourselves as a free and democratic civil society among the peoples of the
                   world; in the face of our authorized representatives, hereby adopt this
                   Constitution.

                                             Chapter One

                                         THE KYRGYZ REPUBLIC

                   Section One. GENERAL PRINCIPLES

                   Article I

                   1. The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic
                   Republic, based on the fundamentals of the rule of law; the Kyrgyz Republic is
                   a secular state.

                   2. The sovereignty of the Kyrgyz Republic is not restricted and shall extend
                   throughout its entire territory.

                   3. The people of Kyrgyzstan shall bear the sovereignty and the only source of
                   state power in the Kyrgyz Republic.

                   4. The people of the Kyrgyz Republic shall exercise its power directly and
                   through the system, based on this Constitution and the laws of the Kyrgyz
                   Republic.

                   Only the Jogorku Kenesh and the President of the Kyrgyz Republic, elected by
                   the People of the Kyrgyz Republic, shall be entitled to act on behalf of the
                   People of the Kyrgyz Republic.

                   5. Amendments and supplements to the Constitution of the Kyrgyz Republic,
                   the Laws of the Kyrgyz Republic, and other important matters of state life may
                   be referred to a referendum (nationwide vote). The grounds and procedure of
                   holding a referendum shall be established by Constitutional Act.

                   6. Citizens of the Kyrgyz Republic shall elect the President, deputies of the
                   Legislative Assembly of the Jogorku Kenesh and the .Assembly of People's
                   Representatives of the Jogorku Kenesh and their representatives to the
                   bodies of self-administration. Elections shall be free and shall be held on the
                   basis of universal equal and direct suffrage by secret ballot. To participate in
                   the election, a citizen must have attained the age of 18

                                               Article 2

                   1. The State and its bodies shall serve the whole society, and not any
                   particular group.

                   2. No group of people, organization, or individual shall be entitled to assume
                   the power of the State. The usurpation of State Power shall be the gravest
                   crime (felony).

                                               Article 3

                   1. The territory of the Kyrgyz Republic, within its present boundaries, shall be
                   inviolable and indivisible.

                   2. For the purposes of organizing state government, the territory of the
                   Kyrgyz Republic shall be divided into administrative territorial units,
                   determined by the law.

                                               Article 4

                   1. Property in the Kyrgyz Republic may be state-owned and private. The
                   Kyrgyz Republic guarantees the diversity of the forms of property and equal
                   protection thereof by the law.

                   2. Land, minerals, water, air space, forests, flora and fauna, and all natural
                   resources of the Kyrgyz Republic shall be the property of the State.

                   3. Plots of land may be assigned to citizens and associations thereof for
                   private use, in the events and in the amounts, provided by the law. Purchase
                   and sale of land shall not be allowed.

                   4. The Kyrgyz Republic shall protect the rights of its citizens and legal entities
                   to own property, and shall protect their property and state-owned property,
                   located on the territory of other states.

                                               Article 5

                   1. The state language of the Kyrgyz Republic shall be Kyrgyz.

                   2 The Kyrgyz Republic shall guarantee the preservation, equality and free
                   development and functioning of the Russian language and all other
                   languages, used by the population of the Republic.

                   3. Infringement of the rights of citizens on the grounds of ignorance or bad
                   command of the state language shall not be allowed.

                                               Article 6

                   The Kyrgyz Republic shall have state symbols - the Flag, Emblem, and .anthem
                   The capital of the Kyrgyz Republic shall be the City of Bishkek. The unit of
                   currency of the Kyrgyz Republic shall be the Som.

                           Section Two THE STRUCTURE AND ACTIVITIES OF THE STATE

                                               Article 7

                   1 State power in the Kyrgyz Republic shall be based on the following
                   principles

                        the supremacy of the power of the people, which is represented and
                        ensured by the nationally elected head of the state - the President of
                        the Kyrgyz Republic;
                        division of state power into legislative, executive, and judicial branches, and
                        of their coordinated functions and interaction;
                        responsibility of state organs to the people and execution of these organs'
                        powers in the interests of the people;
                        separation of the functions of state power and local self-administration.

                   2. Within the bounds of authority established by this Constitution, the
                   following represent and execute the state power in the Kyrgyz Republic:

                        the President of the Kyrgyz Republic;
                        the Jogorku Kenesh of the Kyrgyz Republic, which consists of two houses:
                        the Legislative Assembly of the Jogorku Kenesh and the Assembly of
                        People's Representatives of the Jogorku Kenesh;
                        the Government of the Kyrgyz Republic and local state Administrations;
                        the Constitutional Court, the Supreme Court, the Higher Arbitration Court
                        and courts and judges of the system of justice;

                                               Article 8

                   1. Political parties, trade unions and other public associations may be
                   organized in the Kyrgyz Republic on the bases of free will and unity or
                   interests. The State shall guarantee the rights and lawful interests of public
                   associations.

                   2. Political parties may participate in state affairs only in the following forms:

                        to nominate their candidates for the election to the Jogorku Kenesh,
                        state posts and to bodies of self-administration;
                        to form fractions in representative bodies;

                   3. Religions and all cults shall be separated from the State.

                   4. The following shall not be allowed in the Kyrgyz Republic:

                        amalgamation of State and party institutions, as well as subordination
                        of State activity to party programs and decisions;
                        formation and activity of party organizations in state institutions and
                        establishments; government employees shall be entitled to carry out the
                        party activities out of their offices;
                        membership and activity in support of any political party by military men,
                        officials in the organs of internal affairs, national security, justice, procuracy
                        and courts;
                        formation of political parties on religious grounds Religious organizations
                        must not pursue political goals and objectives;
                        interference by members of religious organizations and cults with the activity
                        of state bodies;
                        activities of political parties of foreign countries.

                                               Article 9

                   1. The Kyrgyz Republic does not pursue the policy of expansion, aggression
                   and territorial claims, resolved by military force. It shall reject any kind of
                   militarization of national life, subordination of the state or its activity for the
                   purposes of conducting a war. Military forces of the Kyrgyz Republic shall be
                   organized in accordance with the principles of self-defense and defensive
                   sufficiency.

                   2. The right to conduct a war shall not be acknowledged, unless there is
                   aggression against Kyrgyzstan and other states, bound by obligations of the
                   collective defense. In any event, a military unit may cross the borders of the
                   Kyrgyz Republic only with the permission of no less than two thirds of the
                   total number of the deputies of the Legislative Assembly of the Jogorku
                   Kenesh.

                   3. The use of military forces for resolution of internal State political issues
                   shall be prohibited. Military personnel may be called upon in case of natural
                   disasters, or other similar cases, directly provided by the law.

                   4. The Kyrgyz Republic seeks universal and just peace, mutually beneficial
                   cooperation, resolution of global and regional problems in a peaceful way,
                   and shall observe the universally recognized principles of international law.

                   Actions aimed at disturbing the peaceful co-existence of people, propaganda
                   and encouragement of ethnic clashes shall be deemed unconstitutional.

                                              Article 10

                   1. A state of emergency in Kyrgyzstan may be introduced in Kyrgyzstan only in
                   the events of natural calamity, direct threat to the constitutional system,
                   mass riots, accompanied by the violence and threat to lives of people, as well
                   as in the circumstances and within the limits of the terms, provided by the
                   constitutional law.

                   2. A state of emergency throughout the territory of the Kyrgyz Republic may
                   be imposed only by the Legislative Assembly, and at separate territories of
                   the Kyrgyz Republic, in the circumstances which require urgent measures - by
                   the President of the Kyrgyz Republic, with immediate notification of the
                   Legislative Assembly, which must confirm the Presidential act within three
                   days term.

                   If such confirmation is not made within this term, the emergency situation
                   shall be terminated.

                   3. The Legislative Assembly may introduce martial law on the territory of the
                   Kyrgyz Republic only in the event of aggression against the Kyrgyz Republic.

                   4 Adjournment of a session of the Legislative Assembly during a state of
                   emergency of martial law shall not be allowed. In those cases, when the
                   sessions of the Legislative Assembly is not in session, and the emergency
                   state was introduced by the President, the Legislative Assembly shall
                   convene without announcement of convocation, no later than the next day
                   after introduction of the state of emergency

                   5 No referenda or elections in the state bodies, nor changes in the structure,
                   functions and authority- of the state bodies, established by the Constitution,
                   shall be allowed.

                                              Article 11

                   1. The state budget of the Kyrgyz Republic shall consist of the republican and
                   local budgets, and shall comprise all expenditures and revenues of the state.
                   The republican budget shall be approved by the Assembly of People's
                   Representatives, upon presentation by the Government.

                   2. Revenue in the republican budget shall be derived from taxes established
                   by law, other liabilities, revenue from state property and other incomes

                   A single system of taxation shall function in the territory of the Kyrgyz
                   Republic. The right to impose taxes shall belong to the Jogorku Kenesh of the
                   Kyrgyz Republic The laws, imposing new taxes and aggravating the state of
                   the taxpayers shall not have retroactive force.

                   3. The Jogorku Kenesh shall be entitled to establish extra-budgetary targeted
                   financial funds. The sources of income for such extra-budgetary funds may be
                   raised means.

                   4. The report on execution of the republican budget and extra-budgetary
                   funds shall be approved by the Jogorku Kenesh.

                                              Article 12

                   1. The Constitution shall have the superior juridical force and the direct effect
                   in the Kyrgyz Republic.

                   2. Laws and other normative acts shall be adopted on the basis of the
                   Constitution.

                   3. International treaties and other norms of the international law, which have
                   been ratified by the Kyrgyz Republic, shall be a constituent and directly
                   applicable part of the Legislation of the Kyrgyz Republic.

                                             Chapter Two
                                              CITIZENS

                                        Section One. CITIZENSHIP

                                              Article 13

                   1. Belonging of an individual to the Kyrgyz Republic and his/her status shall be
                   determined by citizenship. A citizen of the Kyrgyz Republic shall be obliged to
                   observe the Constitution and the laws of the Kyrgyz Republic, respect the
                   rights, freedoms, honor and dignity of other persons.

                   2. Individuals, who are citizens of the Kyrgyz Republic, shall not be recognized
                   as citizens of other states.

                   3. No citizen of the Kyrgyz Republic shall be deprived of his/her citizenship and
                   the right to change his/her citizenship.

                   4. The Kyrgyz Republic shall guarantee protection and patronage of its
                   citizens outside its territory

                                              Article 14

                   1. Every citizen of the Kyrgyz Republic, by virtue of his/her citizenship, shall
                   enjoy rights and perform obligations.

                   2. Foreigners and stateless persons in the Kyrgyz Republic shall enjoy the
                   rights and freedoms of citizens and perform duties, based on the grounds,
                   conditions, and in accordance with the procedure, provided by law,
                   international treaties and agreements.

                               Section Two. RIGHTS AND FREEDOMS OF CITIZEN
                                              Article 15

                   1. The dignity of an individual in the Kyrgyz Republic shall be absolute and
                   inviolable.

                   2. Every person shall enjoy the basic human rights and freedoms since birth.
                   These rights shall be recognized as absolute, inalienable, and protected from
                   any person's encroachments by law and the court.

                   3. All persons in the Kyrgyz Republic shall be equal before the law and the
                   court.

                   No one may be exposed to any discrimination, infringement of rights and
                   freedoms, on the motives of origin, sex, race, nationality, language, creed,
                   political and religious convictions or by any other public or personal conditions
                   or circumstances.

                   4. Human rights and freedoms in the Kyrgyz Republic shall be valid. They shall
                   determine, as such, the meaning, content, and application of the laws, and
                   shall obligate the legislative, executive and judicial powers, and
                   self-administration, and shall be provided by justice.

                   5. In the Kyrgyz Republic, the state shall encourage folk customs and
                   traditions, which do not contradict human rights and freedoms.

                                              Article 16

                   1. In the Kyrgyz Republic, basic human rights and freedoms shall be
                   recognized and guaranteed in accordance with universally accepted norms
                   and principles of international law and international treaties on the issues of
                   human rights, which have been ratified by the Kyrgyz Republic.

                   2. Every person in the Kyrgyz Republic shall enjoy the right:

                        to life, physical and moral immunity;
                        to personal freedom and security;
                        to freedom of personal development;
                        to freedom of creed, spirit and worship;
                        to free expression and dissemination of one's thoughts, ideas, opinions,
                        freedom of literary, artistic, scientific and technical creative work, freedom
                        of the press, transmission and dissemination of information;
                        to freedom of movement, and freedom of choice of one's place of
                        destination and residence throughout the territory of Kyrgyzstan, and the
                        right to free travel abroad freely and to unimpeded return;
                        to association;
                        to assemble peacefully and without weapons, to free meetings and
                        demonstrations;
                        to inviolability of residence:
                        to freedom and secrecy of correspondence;
                        to honor and freedom of private life, personal and family secrets;
                        to secrecy of postal, telephone, and telegraph communication;
                        to have property, and to possess, use and dispose of it at one's own
                        discretion;
                        to economic freedom, and to free use of one's abilities and property for any
                        economic activity;
                        to freedom of labor, and to free choice of a type of activities and
                        profession.

                   The enumeration of the rights and freedoms in the Constitution shall not be
                   interpreted as negating or diminishing other universally recognized human
                   rights and freedoms.

                                              Article 17

                   1. No laws must be enacted in the Kyrgyz Republic abolishing or infringing
                   human rights and freedoms.

                   2. Restrictions on the exercise of rights and freedoms shall be allowed by the
                   Constitution and laws of the Kyrgyz Republic only for the purposes of
                   guaranteeing rights and freedoms of other persons, and providing public
                   safety and constitutional order. In such cases, the essence of constitutional
                   rights and freedoms shall not be affected.

                                              Article 18

                   1. Limitations of physical and moral inviolability shall be allowed only on the
                   basis of the law by the decision of a court as punishment for a committed
                   crime. No one may be exposed to torment, torture, or inhuman and
                   humiliating punishments.

                   2. Medical, biological, and psychological experiments on people without a
                   voluntary agreement, properly expressed and confirmed by the examinee,
                   shall be prohibited.

                   3. No one may be arrested and detained on the basis other than the law. Any
                   actions aimed at imposing a liability on a person before the sentence has
                   been passed by the court, shall not be allowed, and shall be grounds for the
                   material and moral indemnification to the victim by the court.

                   4. Capital punishment may be imposed only in exceptional cases under the
                   sentence of a court.

                   Any person sentenced to capital punishment shall have the right to appeal for
                   pardon.

                                              Article 19

                   1. Private property in the Kyrgyz Republic shall be recognized and guaranteed
                   as an inalienable human right, as a natural source of one's welfare, business
                   and creative activity, and as a guarantor of one's economic and personal
                   independence.

                   2. Property shall be inviolable. No person can be arbitrarily deprived of his/her
                   property, and it may be withdrawn against the proprietor's will only by a court
                   decision.

                   3 The right of inheritance in the Kyrgyz Republic shall be guaranteed and
                   protected by law.

                                              Article 20

                   The Kyrgyz Republic may grant political asylum to foreign citizens and
                   stateless persons by the motives of violation of human rights.

                               Section Three. RIGHTS AND DUTEES OF A CITIZEN

                                              Article 21

                   1. Citizens of the Kyrgyz Republic and their organizations, shall be allowed to
                   engage in any action or activity, except those prohibited or restricted by the
                   present Constitution and laws of the Kyrgyz Republic.

                   2. Enjoyment of the rights and freedoms by a citizen of the Kyrgyz Republic
                   shall be inseparable from his/her duties that are necessary for the security- of
                   private and national interests.

                                              Article 22

                   Laws of the Kyrgyz Republic on the rights and freedoms of citizens must be
                   equally applied to all citizens and shall not bestow on anyone privileges and
                   preferences, except those provided by the Constitution and laws for the
                   social protection of citizens

                                              Article 23

                   Citizens of the Kyrgyz Republic shall participate in governing both directly and
                   through their representatives, in the discussion and adoption of laws,
                   decisions of republican and local significance and they shall have equal access
                   to governmental services.

                                              Article 24

                   Citizens of the Kyrgyz Republic have the right and duty to defend the
                   Motherland. Citizens shall perform military service within the limits and in the
                   forms established by law.

                                              Article 25

                   Citizens of the Kyrgyz Republic must pay taxes and fees in accordance with
                   legislation.

                                              Article 26

                   1. The family is the primary unit of society; family, fatherhood, maternity and
                   childhood shall be a subject of concern for the whole society and primary
                   protection by law; child care and upbringing shall be the natural right and
                   duty of parents. Able-bodied, adult children must take care of their parents.

                   2. The government shall provide material assistance, up-bringing and
                   education for orphans and children deprived of parental support.

                   3. Respect for old people and support for relatives is a sacred tradition of the
                   people of Kyrgyzstan.

                                              Article 27

                   1. Social maintenance at the expense of the government in old age, in
                   sickness and in the event of complete or partial disability or loss of the main
                   provider shall be guaranteed in the Kyrgyz Republic.

                   2. In accordance with the economic resources of society, pensions and social
                   maintenance must provide a standard of living not below the minimum of
                   wage established by the law.

                   3. Voluntary social insurance and the establishment of additional forms of
                   security and charity shall be encouraged.

                                              Article 28

                   1. A citizen of the Kyrgyz Republic shall have the right to protection of labor in
                   all its forms and displays, including the right to working conditions, which
                   comply with norms of security and hygiene, as well as the right to social
                   protection against unemployment

                   2. The government shall provide professional training and improvement of
                   professional qualification of citizens, and shall encourage and promote
                   international agreements and international organizations, which have the aim
                   to consolidate and secure the right to work.

                   3. The forced labor of citizens shall be prohibited, except in cases of war,
                   natural disaster, epidemic, or other extraordinary circumstances, as well as in
                   the execution of punishment upon sentence by the court

                                              Article 29

                   Citizens of the Kyrgyz Republic, working under a labor agreement (contract),
                   shall have the right to fair remuneration no less than the minimum wage,
                   established by the state.

                                              Article 30

                   Citizens of the Kyrgyz Republic shall have the right to strike. The procedure
                   and conditions for holding strikes shall be determined by the law.

                                              Article 31

                   1. Citizens of the Kyrgyz Republic shall have the right to rest.

                   2. The maximum duration of the working hours, the minimum weekly rest and
                   annual paid leave, as well as other basic conditions of exercise of the right to
                   rest, shall be determined by the law.

                                              Article 32

                   1. Every citizen of the Kyrgyz Republic shall have the right to education.

                   2. General secondary education shall be compulsory and free of charge, and
                   everyone shall be entitled to receive it in the state educational institutions.

                   3. The state shall provide for accessibility of vocational, special secondary and
                   higher education for every person, in accordance with individual aptitude.

                   4. Paid education for citizens at national and other educational institutions
                   shall be allowed on the basis and in the procedure established by the
                   legislation.

                   5. The state shall exercise control over the activity of educational institutions.

                                              Article 33

                   Citizens of the Kyrgyz Republic shall have the right to housing. The state shall
                   promote the enjoyment of the right to housing, by granting and selling
                   apartments from the state-owned fund, and by encouraging individual
                   housing construction.

                                              Article 34

                   1. Citizens of the Kyrgyz Republic shall have the right to health protection and
                   to benefit freely from the network of state public health institutions.

                   2. Paid medical service shall be allowed on the basis and in the procedure
                   established by law.

                                              Article 35

                   1. Citizens of the Kyrgyz Republic shall have the right to a healthy and safe
                   environment and to the indemnification of damage, caused to one's health or
                   property by the improper use of the nature.

                   2. Protection of the environment, natural resources and historical monuments
                   shall be a sacred duty of every citizen.

                                              Article 36

                   1. Culture, art, literature, science and mass media shall be free

                   2. The state shall protect the historical monuments, take care and create
                   necessary conditions for the development of literature, art, science, mass
                   media and sports.

                   3. Citizens shall have the right of access to cultural benefits, and to be
                   involved in artistic and scientific activities.

                                              Article 37

                   The economic freedom and activity of a citizen, and his/her opportunity to
                   achieve economic welfare for himself/herself and his/her family, must not be
                   replaced by state guardianship, as a result of the social activity of the state.

                                              Article 38

                   1. The full, absolute, and immediate protection of the rights and freedoms of
                   citizens, prevention of infringement of rights in this area and restoration of
                   the violated provision shall be the duty of the state, of all bodies and officials.

                   2. The Kyrgyz Republic shall guarantee the protection by the court of all the
                   rights and freedoms of citizens, provided by the Constitution and the laws.

                                              Article 39

                   1. A citizen charged with an offence shall be presumed innocent until he/she
                   is found guilty by the sentence of the court, which has come into effect.

                   2. The state shall guarantee everyone a protection from arbitrary and
                   unlawful interference with one's private and family life, infringement of one's
                   honor and dignity, breach of secrecy of correspondence and telephone
                   conversations.

                   3. No one shall have the right to enter a residence, except in cases when it is
                   necessary to conduct a sanctioned search or seizure of property, to secure
                   public order, to arrest a criminal or to save the life, health or property of an
                   individual

                                              Article 40

                   Every citizen in the Kyrgyz Republic shall be provided with the qualified legal
                   assistance and protection of rights and freedoms guaranteed by the
                   Constitution.

                                              Article 41

                   Publication of laws and other normative legal acts, concerning the rights,
                   freedoms and duties of an individual and a citizen shall be a compulsory
                   condition for their enforcement.

                                            Chapter Three
                                              PRESIDENT

                                              Article 42

                   1. The President of the Kyrgyz Republic is the head of state and the highest
                   official of the Kyrgyz Republic.

                   2. The President of the Kyrgyz Republic is the symbol of the unity of people
                   and state power, and is the guarantor of the Constitution of the Kyrgyz
                   Republic, and of an individual and citizen.

                   3. The President of the Kyrgyz Republic defines the fundamental directions of
                   internal and external policy of the state, represents the Kyrgyz Republic
                   within the country and in international relations, takes measures to guard the
                   sovereignty and territorial integrity of the Kyrgyz Republic, and ensures the
                   unity and continuity of state power and the coordinated functioning and
                   interaction of state organs and their responsibility to the people.

                                         Section One. ELECTION

                                              Article 43

                   1. The President of the Kyrgyz Republic shall be elected for a term of five
                   years.

                   2. The same person cannot be elected President for more than two
                   consecutive terms.

                   3. The President of the Kyrgyz Republic must be a citizen of Kyrgyzstan, no
                   younger than 35 years of age, and no older than 65 years of age, who has
                   command of the state language, and who has resided in the Republic for no
                   less than 15 years before the nomination of his/her candidacy to the
                   President's Office.

                   4. The President of the Kyrgyz Republic cannot be a deputy of the Jogorku
                   Kenesh, occupy other positions, carry out entrepreneurial activities.

                   5. The President of the Kyrgyz Republic must suspend his activity in political
                   parties and organizations for the period of stay in office until new presidential
                   election in the Kyrgyz Republic.

                                              Article 44

                   1. A new presidential election shall be held in the Kyrgyz Republic two months
                   before the date of expiration of the powers of the President of the Kyrgyz
                   Republic

                   2 The President of the Kyrgyz Republic shall be elected by citizens of the
                   Kyrgyz Republic by a majority of actual votes cast, elections shall be held on
                   the basis of universal, equal and direct suffrage, and by secret ballot.

                   3. The number of candidates for the Presidential office shall not be limited.
                   Any person, who has obtained not less than 50 thousand voters' signatures
                   may be registered as a candidate.

                   4. The election of the President of the Kyrgyz Republic shall be considered
                   valid if more than fifty per cent of the total number of voters in the republic
                   have taken part in the election.

                   A candidate shall be considered elected to the presidential office, if in the first
                   ballot he/she has obtained more than a half of the votes cast in the first
                   ballot.

                   If none of the candidates obtained more than a half of the votes cast in the
                   first ballot, only the two candidates who have obtained the biggest number of
                   votes shall participate in the second ballot.

                   A candidate, who will obtain more than half of the votes cast in the second
                   ballot shall be considered elected if not less than fifty per cent of all voters
                   have taken part in the second ballot.

                                              Article 45

                   1. The result of the presidential elections must be confirmed by the
                   Constitutional Court of the Kyrgyz Republic not later than within 7 days after
                   the date of the election.

                   2. After the Chairman of the Constitutional Court of the Kyrgyz Republic
                   announces the results of the voting, the President shall bring the oath in the
                   presence of the deputies of the Legislative Assembly and the Assembly of
                   People's Representatives.

                   3. While entering into office, the President of the Kyrgyz Republic shall bring
                   the oath to the people of Kyrgyzstan:

                   "I, ..., while taking the obligations of file President of the Kyrgyz Republic, before
                   my People and the Sacred Motherland Ala-Too do swear:

                   to observe and protect the Constitution of the Kyrgyz Republic;
                   to guard the sovereignty and independence of the Kyrgyz State;
                   to respect and guarantee the rights and freedoms of all citizens of the Kyrgyz
                   Republic;
                   to perform faithfully the high duties of the President of the Kyrgyz Republic
                   entrusted to me
                   by the confidence of all the People!"

                   4. Duration of the term of presidential mandate shall start as of the moment
                   of bringing the oath of office. The powers of the President shall terminate
                   upon the moment when the newly-elected President enters office.

                                  Section Two. POWERS OF THE PRESIDENT

                                              Article 46

                   1. The President of the Kyrgyz Republic:

                   1) determines the structure of the Government of the Kyrgyz Republic;

                   2) appoints the Prime Minister of the Kyrgyz Republic with the consent of the
                   Assembly of People's Representatives:

                   3) appoints, in consultation with the Prime Minister of the Kyrgyz Republic, the
                   members of the Government of the Kyrgyz Republic and also the directors of
                   the administrative departments, and relieves them of their offices:

                   4) accepts requests by the Prime Minister, the Government, or an individual
                   member of the Government to resign, decides on his own initiative for the
                   Prime Minister or Government to resign:

                   5) appoints with the consent of the appropriate local keneshes, the heads of
                   state administration of districts, and cities, and relieves them of their offices;

                   6) appoints the State Secretary of the Kyrgyz Republic and determines his
                   status and authorities; forms the Administration of the President of the
                   Kyrgyz Republic;

                   7) forms and abolishes executive organs not included in the makeup of the
                   Government;

                   8) forms and heads the Security Council of the Kyrgyz Republic and other
                   coordinating organs;

                   9) forms the state guards and the National Guard, which are subject to him;

                   10) authorizes, in consultation with the Prime Minister, a unified system of
                   training and selection of personnel for organs maintained at the expense of
                   the state budget, and of the financing of state organs and payment of those
                   working in the service of the state.

                   2. The President of the Kyrgyz Republic;

                   1) makes appointments, with the consent of the Assembly of People's
                   Representatives, to the office of the Procurator General of the Kyrgyz
                   Republic; to the offices of deputies of the Procurator General, procurators of
                   oblasts. City of Bishkek and military procurator of the Kyrgyz Republic; and
                   relieves them of their office;

                   2) makes appointments with the consent of the Assembly of the People's
                   Representatives, to the office of Chairman of the Board of the National Bank
                   of the Kyrgyz Republic; and relieves him of his office;

                   3) nominates to the Legislative Assembly and Assembly of Peoples
                   Representatives candidates for election to the offices of Chairman of the
                   Constitutional Court of the Kyrgyz Republic, his deputy, and the judges of the
                   Constitutional Court of the Kyrgyz Republic;

                   4) presents to the Assembly of People's Representatives candidates for
                   election to the offices of Chairman of the Supreme Court of the Kyrgyz
                   Republic and of the Higher Arbitration Court of the Kyrgyz Republic, their
                   deputies, and the judges of the Supreme Court of the Kyrgyz Republic and of
                   the Higher Arbitration Court of the Kyrgyz Republic;

                   5) appoints the chairmen, their deputies, and judges of the courts of the
                   regions, the city of Bishkek, districts, and cities, and of the economic courts of
                   the regions and the city of Bishkek, and also of the military tribunals of the
                   Kyrgyz Republic, and relieves them of their positions in cases provided by the
                   Constitution and laws.

                   3. The President of the Kyrgyz Republic:

                   1) directs the foreign policy of the Kyrgyz Republic;

                   2) conducts negotiations and signs the international treaties of the Kyrgyz
                   Republic,

                   3) signs instruments of ratification;

                   4) appoints and recalls diplomatic representatives of the Kyrgyz Republic in
                   foreign states and international organizations; accepts the credentials and
                   letters of recall and of the heads of diplomatic missions of foreign states and
                   representatives of international organizations accredited to the President of
                   the Kyrgyz Republic;

                   5) decides questions of assumption and forfeiture of citizenship in the Kyrgyz
                   Republic and of granting political asylum.

                   4. The President of the Kyrgyz Republic:

                   1) confers state awards of the Kyrgyz Republic;

                   2) confers honorary titles of the Kyrgyz Republic,

                   3) confers higher military ranks, diplomatic ranks, class ranks, and other
                   special titles;

                   4) grants pardons.

                   5 The President of the Kyrgyz Republic:

                   1) presents draft laws to the Jogorku Kenesh;

                   2) signs laws and returns them with his objections to the appropriate house
                   of the Jogorku Kenesh for further consideration, publishes laws; is entitled to
                   appeal through the Constitutional Court of the Kyrgyz Republic against the
                   laws and international treaties, ratified by the Kyrgyz Republic,

                   3) speaks to the people in annual addresses on the state of affairs in the
                   country, to be delivered at a joint meeting of both houses of the Jogorku
                   Kenesh,

                   4) is entitled to halt or annul the effect of acts of the Government of the
                   Kyrgyz Republic and acts of other organs of executive power;

                   5) has the right to decide on questions of financing measures of an urgent
                   nature at state expense, and to establish funds;

                   6) exercises full legislative authority in cases and by the procedure stipulated
                   in Article 68 of this Constitution.

                   6. The President of the Kyrgyz Republic:

                   7) is entitled to call ahead of time sessions of the Legislative Assembly and
                   the Assembly of People's Representatives, and to determined matters eligible
                   for consideration;

                   8) call referenda on his own initiative, or takes decisions on calling referenda
                   on the initiative of no less than 300, 000 voters or a majority of the total
                   number of deputies of both houses of the Jogorku Kenesh,

                   9) calls elections to the Legislative Assembly and the Assembly of People's
                   Representatives, and carries out ahead of time dissolution of the Legislative
                   Assembly and Assembly of People's Representatives in cases, provided in this
                   Constitution;

                   10) calls elections to local Keneshes and carries out their early dissolution in
                   cases provided in this Constitution;

                   11) appoints the Chairman of the Central Committee on Elections and
                   Conduct of Referenda and one-third of its members;

                   12) appoints the Chairman of the Counting Board and one-third of its
                   auditors.

                   7. The President of the Kyrgyz Republic in the presence of grounds provided
                   by law, shall warn of the possibility of introducing a state of emergency, and
                   when necessary introduce a state of emergency in individual locations without
                   prior declaration, of which action he shall promptly inform the Legislative
                   Assembly.

                   8. The President of the Kyrgyz Republic declares universal or partial
                   mobilization; shall announce the status of war in the event of aggression or
                   direct threat of aggression to the Kyrgyz Republic, and shall promptly submit
                   this matter for the consideration of the Legislative Assembly; and declares the
                   martial law and shall promptly submit this matter for the consideration of the
                   Legislative Assembly.

                   9. The President of the Kyrgyz Republic shall be the Commander in Chief of
                   the Armed Forces, and appoints and dismisses commanders of the Armed
                   Forces of the Kyrgyz Republic.

                                              Article 47

                   1. The President of the Kyrgyz Republic issues decrees and orders.

                   2 Execution of decrees and orders of the President of the Kyrgyz Republic
                   shall be mandatory for the whole territory of the Kyrgyz Republic.

                   3. Decrees and orders made by the President of the Kyrgyz Republic in
                   carrying out full legislative authority in accordance with sub-point 5 of point 5
                   of article 46 of the Constitution, shall have the force of law.

                                              Article 48

                   The President of the Kyrgyz Republic shall be entitled to assign the authority,
                   provided by sub-point 2 of point 3 of Article 46 of the Constitution to the
                   Prime Minister, members of the

                   Government, and other officials; and also has the right to ratify international
                   financial contracts and credit agreements signed by them

                                              Article 49

                   1. The President of the Kyrgyz Republic, his honor and dignity shall be
                   inviolable.

                   2. Provision, maintenance and protection of the President of the Kyrgyz
                   Republic, as well as of his family, shall be carried out at the state expense.

                                              Article 50

                   1. The term of office of the President may be terminated as a result of
                   resignation by his own petition, made by him to a joint meeting of the houses
                   of the Jogorku Kenesh; his dismissal from office in the procedure provided by
                   this Constitution; or inability to perform his authority due to illness or as a
                   result of his death.

                   2. If the President of the Kyrgyz Republic is unable to carry out his duties
                   because of illness, both houses of the Jogorku Kenesh shall take the decision
                   on early dismissal of the President of the Kyrgyz Republic from the office on
                   the basis of the conclusion of a State Medical Commission created thereby
                   and with a vote of no less than two-thirds of the total number of deputies of
                   each of the houses.

                                              Article 51

                   1. The President of the Kyrgyz Republic may be dismissed from office by the
                   Assembly of People's Representatives only on the basis of a charge made by
                   the Legislative Assembly of state treason or commission of another grievous
                   crime supported by a ruling of the Constitutional Court of the Kyrgyz Republic.

                   2. A decision by the Legislative Assembly to bring a charge against the
                   President of the Kyrgyz Republic and dismissing him from office must be made
                   by a vote of two-thirds of the total number of deputies of the Legislative
                   Assembly, and in the presence of a ruling by a special commission formed by
                   the Legislative Assembly

                   3. A negative ruling by the Constitutional Court of the Kyrgyz Republic on a
                   charge made by the Legislative Assembly shall entail the dissolution of the
                   Legislative Assembly.

                   4. A resolution of the Assembly of People's Representatives on dismissal of
                   the President of the Kyrgyz Republic from office must be adopted by a
                   majority vote of no less than two-thirds of the total number of deputies of
                   that house, no later than two months after the laying of the charge against
                   the President by the Legislative .Assembly. If a decision is not reached by the
                   Assembly within this period, the charge shall be considered to be refuted

                                              Article 52

                   1. If the President of the Kyrgyz Republic is unable to carry out his duties for
                   reasons stated in .Article 50 of this Constitution, the Prime Minister shall carry
                   out his duties thenceforward until the election of the new President of the
                   Kyrgyz Republic.

                   Election of a new President of the Kyrgyz Republic must in this case be
                   conducted within three months of the termination of the term of office of the
                   President of the Kyrgyz Republic.

                   2. The Prime Minister, while executing the duties of the President of the
                   Kyrgyz Republic, shall not have the right to dissolve the Legislative Assembly
                   or the Assembly of People's Representatives, to call a referendum, to
                   terminate the authority of the Government, or to make proposals for
                   introducing amendments and supplements to the Constitution of the Kyrgyz
                   Republic.

                                              Article 53

                   1. All former Presidents of the Kyrgyz Republic, except those who have been
                   dismissed from office by the procedure established in Article 51 of this
                   Constitution, shall have the title of ex-President of the Kyrgyz Republic.

                   2. An ex-President of the Kyrgyz Republic and his honor and dignity are
                   inviolable.

                   3. Provision, maintenance, and protection of an ex-President of the Kyrgyz
                   Republic shall be made at state expense by a procedure established by law.

                                             Chapter Four
                                         THE JOGORKU KENESH

                                              Article 54

                   1. The Jogorku Kenesh - the parliament of the Kyrgyz Republic - is the
                   representative organ which effects legislative power.

                   2. The Jogorku Kenesh consists of two houses: the Legislative Assembly, with
                   35 deputies, sits continuously and is elected on the basis of representation of
                   the interests of the total population of the republic;

                   and the Assembly of People's Representatives, with 70 deputies, which works
                   in sessions and is elected on the basis of representing territorial interests.

                   3. Deputies of the Legislative Assembly and Assembly of People's
                   Representatives are elected for five years.

                   The procedure for electing deputies of the Legislative Assembly and Assembly
                   of People's Representatives is determined by constitutional law

                                              Article 55

                   1. Each house of the Jogorku Kenesh shall assemble for its first meeting after
                   election with no less than two-thirds of the members of the given house and
                   no later than 30 days after the publication of the results of the election.

                   2. The eldest deputy of the Jogorku Kenesh shall open the first meeting of
                   that house.

                   3. The Legislative .-assembly and the .Assembly of People's Representatives
                   shall meet separately. The houses shall meet jointly for taking oaths of
                   judges to the Constitutional Court of the Kyrgyz Republic, for hearing
                   addresses and declarations of the President of the Kyrgyz Republic, and
                   addresses of the leaders of foreign states, and also in other cases envisaged
                   by the regulations of the houses of the Jogorku Kenesh.

                   4. From the day of the start of work of the new convocation of the Legislative
                   Assembly and the Assembly of People's Representatives, the authority of the
                   old convocation of the Legislative Assembly and the .Assembly of People's
                   Representatives shall be terminated.

                                              Article 56

                   1. A citizen of the Kyrgyz Republic, who has attained the age of 25 and has
                   permanently resided in the Republic for no less than 5 years before the
                   election, may be elected a Deputy of the Legislative Assembly of the Jogorku
                   Kenesh or a Deputy of the People's Representatives of the Jogorku Kenesh.

                   2. A Deputy of the Legislative Assembly of the Jogorku Kenesh and a Deputy
                   of the Assembly of People's Representatives of the Jogorku Kenesh shall be
                   subordinate to the Constitution of the Kyrgyz Republic and his/her conscience.

                   3. A Deputy of the Legislative Assembly and a Deputy of the Assembly of
                   People's Representatives shall possess the right of immunity: he/she may not
                   be detained or arrested, subjected to search or personal examination, except
                   in cases of arrest at the scene of a crime or of commission of a grievous crime.
                   Subjection of a deputy to criminal or administrative liability, to be imposed by
                   judicial procedure, shall be allowed only with the consent of the appropriate
                   house.

                   4. One person may not simultaneously be a deputy of the Legislative
                   Assembly and of the Assembly of People's Representatives. A deputy of the
                   Legislative Assembly or Assembly of People's Representatives may not
                   simultaneously be a Deputy of a local kenesh.

                   Deputies of the Legislative Assembly may not work in another state service
                   and may not engage in business activity. A deputy of the Legislative Assembly
                   has the right to engage in teaching, scientific, or other creative activity, if such
                   activity does not interfere with the performance of his duties as deputy.

                   Deputies of the Assembly of People's Representatives may not simultaneously
                   be engaged in the office of a member of the Government, a procurator, a
                   judge, or another office of state service provided by the law. A deputy of the
                   Assembly of People's Representatives working in state service may be
                   relieved of the position occupied without the consent of his House.

                   5. A deputy of the Legislative Assembly or Assembly of People's
                   Representatives who has not warranted the trust of the voters may be
                   dismissed by decision of a majority of voters in a procedure established by
                   law.

                   6 A deputy of the Legislative Assembly or the Assembly of People's
                   Representatives shall be deprived of his mandate by resolution of the Central
                   Commission on Elections and Conduct of Referenda in the event of [his]
                   submitting a resignation, delivery of a guilty verdict against him by a court,
                   acknowledgment of his inability to function, recall by voters, dissolution of his
                   house, or removal of permanent residence beyond the borders of the Kyrgyz
                   Republic.

                   7. Preparation of questions connected with employing prosecution measures
                   on deputies, observance by them of the requirements of point 4 of this Article,
                   rules of parliamentary ethics. termination of office of deputies, and deprivation
                   of their authority and parliamentary immunity, shall be the work of the Central
                   Commission on Elections and Conduct of Referenda.

                                              Article 57

                   A deputy of the Legislative Assembly and the Assembly of People's
                   Representatives has the right of inquiry to organs of executive power and
                   their officials, who are obliged to answer the inquiry within 10 days.

                                             Section One
                           POWERS OF THE LEGISLATIVE ASSEMBLY AND ASSEMBLY OF
                                       PEOPLE'S REPRESENTATIVES
                                              Article 58

                   1. The work of the Legislative Assembly shall include:

                   1) introduction of amendments and supplements to the Constitution of the
                   Kyrgyz Republic in the procedure established by the Constitution;

                   2) adoption of laws of the Kyrgyz Republic;

                   3) official interpretation of the Constitution and the laws adopted thereby;

                   4) alteration of the borders of the Kyrgyz Republic;

                   5) approval of laws adopted by the Assembly of the People's
                   Representatives;

                   6) election, upon nomination by the President of the Kyrgyz Republic, of the
                   Chairman of the Constitutional Court of the Kyrgyz Republic, his deputy, and
                   judges of the Constitutional Court of the Kyrgyz Republic; deciding matters of
                   relieving of the position of the Chairman of the Constitutional Court, his
                   deputy and judges of the Constitutional Court of the Kyrgyz Republic in cases
                   and by the procedures envisaged by this Constitution;

                   7) election of one-third of the members of the Central Commission on
                   Elections and Conduct of Referenda;

                   8) appointment of one-third of the auditors of the Counting Board;

                   9) ratification and denunciation of international treaties, except cases
                   provided by Article 48 of this Constitution;

                   10) introduction of states of emergency, authorization of annulment of
                   decrees of the President of the Kyrgyz Republic on this issue;

                   11) deciding matters of war and peace; introduction of the state of war, and
                   declaration of war; and authorization or annulment of decrees of the
                   President of the Kyrgyz Republic on these issues;

                   12) deciding matters for the possibility of using the Armed Forces of the
                   Kyrgyz Republic beyond its borders when necessary to fulfill international
                   treaty obligations in support of peace and security;

                   13) establishment of military ranks, diplomatic ranks, class ranks and other
                   special titles of the Kyrgyz Republic,

                   14) establishment of state awards and honorary titles of the Kyrgyz Republic;

                   15) issuing acts of amnesty;

                   16) hearing annual reports of the Prime Minister as well as of organs and
                   officials appointed and elected by it, with account taken to the rules of
                   autonomy and independence of such organs and officials established in this
                   Constitution;

                   17) bringing charges against the President of the Republic toward his
                   dismissal from office.

                   2. The Legislative Assembly adopts resolutions on issues, provided by
                   sub-points 5-8, 16, and 17 of Point I of this Article.

                   3. The work of the Assembly of People's Representatives of the Jogorku
                   Kenesh includes:

                   1) introduction of amendments and supplements to the Constitution of the
                   Kyrgyz Republic; adoption of laws in cases envisaged by the Constitution.

                   2) approval of laws adopted by the Legislative Assembly in cases provided by
                   the Constitution;

                   3) official interpretation of the Constitution and of the laws adopted by the
                   Assembly,

                   4) authorization of the republican budget and or reports on its
                   implementation;

                   5) alteration of the borders of the Kyrgyz Republic;

                   6) deciding matters of the administrative and territorial structure of the Kyrgyz
                   Republic;

                   7) calling elections for President of the Kyrgyz Republic;

                   8) approval of appointments of the Prime Minister of the Kyrgyz Republic;

                   9) approval of appointments of the Procurator General of the Kyrgyz Republic;

                   10) approval of appointments of the Chairman of the Board of the National
                   Bank of the Kyrgyz Republic;

                   11) election, upon nomination by the President of the Kyrgyz Republic, of the
                   Chairman of the Constitutional Court of the Kyrgyz Republic, his deputy, and
                   the judges of the Constitutional Court of the Kyrgyz Republic;

                   12) election, upon nomination by the President of the Kyrgyz Republic, of the
                   Chairmen of the Supreme Court and the Higher Arbitration Court of the Kyrgyz
                   Republic, their deputies, and the judges of the Supreme Court and the Higher
                   Arbitration Court of the Kyrgyz Republic;

                   13) election of one-third of the members of the Central Commission on
                   Elections and Conduct of Referenda;

                   14) deciding issues of dismissing judges in the events and by the procedures
                   provided by this Constitution;

                   15) appointment of one-third of auditors of the Counting Board;

                   16) dismissal of the President of the Kyrgyz Republic from office;

                   17) hearing reports of the Prime Minister as well as of organs and officials
                   appointed and elected by the Assembly, with account taken of the rules of
                   autonomy and independence of such organs and officials established in this
                   Constitution;

                   18) expression of no confidence vote to the Prime Minister;

                   19) hearing reports of the Procurator General and the Chairman of the Board
                   of the National Bank.

                   4. The Assembly of People's Representatives adopts resolutions on issues
                   provided by sub-points 3 and 7-19 of point 3 of this Article

                                              Article 59

                   1. Laws on the introduction of amendments and supplements to the
                   Constitution, constitutional laws, laws on the alteration of the borders of the
                   Kyrgyz Republic, and on interpretation of the Constitution and constitutional
                   laws, shall be adopted by both houses of the Jogorku Kenesh by a majority
                   vote of no fewer than two-thirds of the total number of deputies of each of
                   the houses.

                   2. Laws adopted by the Legislative Assembly on matters of taxes and levies,
                   financial and customs regulation, banking activities, ratification and
                   denunciation of international treaties of the Kyrgyz Republic, and amnesty,
                   shall be subject to consideration by the Assembly of People's Representatives
                   and shall be considered approved if they receive yes votes from more than
                   half of the total number of deputies of the Assembly of People's
                   Representatives. In the event of non-approval by the Assembly of People's
                   Representatives of a decision taken by the Legislative Assembly, the decision
                   on the matter under consideration may be approved by a majority vote of no
                   fewer than two-thirds of the total number of deputies of the Legislative
                   Assembly.

                   3. Laws adopted by the Assembly of People's Representatives on matters
                   stated in sub-points 4 and 6 of point 3 of Article 58 of this Constitution, shall
                   be subject to consideration by the Legislative Assembly and shall be
                   considered approved if they receive yes votes from more than half of the total
                   number of deputies of the Legislative Assembly. In the event of non-approval
                   of a law by the Legislative Assembly, the decision on the matter under
                   consideration may be approved by a majority vote of no fewer than
                   two-thirds of the total number of deputies of the Assembly of People's
                   Representatives.

                   4. Laws stated in the first paragraph of point 2 and the first paragraph of
                   point 3 of this Article shall also be considered approved if they are not
                   discussed by the appropriate house of the Jogorku Kenesh within 60 days of
                   their adoption.

                                              Article 60

                   1. Each house of the Jogorku Kenesh shall elect from among its members a
                   Toraga of the House and his deputy, and form committees and commissions.

                   2. The Toraga of each house shall be elected by secret vote. He is
                   accountable to the appropriate house and may be removed from office by a
                   decision of this house, adopted by a vote of no fewer than two-thirds of the
                   total number of deputies.

                   3. The Toragas of the Legislative Assembly and of the Assembly of People's
                   Representatives conduct the meetings of their respective houses, generally
                   direct the preparation of questions for consideration at the meetings of the
                   house, manage internal routine, and sign resolutions adopted by their
                   respective houses.

                   4. The Deputy Toraga of a given house of the Jogorku Kenesh shall be elected
                   by secret vote. The Deputy Toraga fulfills individual functions of the Toraga as
                   relegated to him, and substitutes for the Toraga in his absence.

                                              Article 61

                   Committees and provisional commissions of the houses shall draft the laws,
                   preliminarily consider the issues referred to their competence, and monitor
                   implementation of the adopted words and decisions.

                                              Article 62

                   1. The activity of the Legislative Assembly shall be carried out in the form of
                   meetings of the Legislative Assembly. Meetings of the Legislative Assembly
                   shall be conducted once a year, beginning on the first working day of
                   September and ending on the last working day of June.

                   2. The activity of the Assembly of People's Representatives shall be carried
                   out in the form of sessions of the Assembly of People's Representatives
                   Sessions of the Assembly of People's Representatives shall be convened no
                   less than two times a year.

                   3. A meeting of the Legislative Assembly or session of the Assembly of
                   People's Representatives shall be legitimate with the attendance of no fewer
                   than two-thirds of the total number of deputies of the given house. The
                   procedure of activity of the houses of the Jogorku Kenesh shall be defined by
                   the Regulations.

                                              Article 63

                   1. The Legislative Assembly and the .Assembly of People's Representatives
                   may be dissolved ahead of time by a decision adopted by a majority vote of
                   no fewer than two-thirds of the total number of deputies of the respective
                   houses.

                   2. The Legislative Assembly or the Assembly of People's Representatives, or
                   both houses of the Jogorku Kenesh simultaneously, may be dissolved ahead
                   of time by the President of the Kyrgyz Republic: as the result of a referendum;
                   in the event of three-time refusal to approve the appointment of a Prime
                   Minister; or in the event of another crisis caused by insurmountable
                   differences between the houses of the Jogorku Kenesh or between one or
                   both houses of the Jogorku Kenesh and other branches of state power.

                   3. In the case envisaged in Point 3 of Article 51 of this Constitution, the
                   Legislative Assembly shall be considered dissolved from the moment of the
                   pronouncement of the resolution by the Constitutional Court of the Kyrgyz
                   Republic.

                   4. The houses of the Jogorku Kenesh may not be dissolved; in time of a state
                   emergency or war; during consideration by the houses of the Jogorku Kenesh
                   of the issue of dismissing the President of the Kyrgyz Republic from office; or
                   when there are fewer than six months remaining until the end of the term of
                   office of the President of the Kyrgyz Republic.

                   5. In the event of dissolution of the Legislative Assembly, the Assembly of
                   People's Representatives, or both houses of the Jogorku Kenesh, the
                   President of the Kyrgyz Republic shall appoint the date of elections of
                   deputies of the given house or houses, so that the newly elected house or
                   houses convenes for its first meeting no later than six months after the
                   moment of dissolution.

                                   Section Two. LEGISLATIVE ACTIVITIES
                                              Article 64

                   The right to legislative initiative shall belong to:

                        3000 voters (a popular initiative);
                        the President of the Kyrgyz Republic;
                        deputies of the Legislative Assembly;
                        deputies of the Assembly of the People's Representatives;
                        the Government of the Kyrgyz Republic;
                        the Supreme Court of the Kyrgyz Republic, and the Higher Arbitration
                        Court of the Kyrgyz Republic, on matters within their jurisdiction.

                                              Article 65

                   1. Draft laws may arise in both houses of the Jogorku Kenesh. A given house
                   of the Jogorku Kenesh shall be obliged to decide within one month the
                   question of introducing the draft law for consideration of that house, and
                   either to determine the order of priority of consideration or to state a
                   motivated rejection.

                   2. Amendments to draft laws on the republican budget may be introduced
                   with the consent of the Government.

                   3. Draft laws or amendments to laws envisaging a reduction of revenues or
                   an increase of expenditures of the state may be adopted only in the presence
                   of a ruling by the Government.

                   4. A draft law shall be considered to be adopted if a majority of the total
                   number of deputies of a house have voted for it.

                   5. A draft law which has been adopted by one house, on a matter which
                   requires approval from the other house in accordance with the Constitution,
                   shall be presented to that house no later than five days after its adoption by
                   the first house. These draft laws shall be considered adopted from the
                   moment of approval by the other house, or in cases when such approval is
                   not obtained, from the moment of authorization in accordance with Points 2
                   and 3 of Article 59 of this Constitution.

                   6. Drafts of laws on introducing amendments and supplements to the
                   Constitution, of Constitutional laws, of laws on altering the borders of the
                   Kyrgyz Republic, and on interpretation of the Constitution and constitutional
                   laws, shall be considered adopted after no fewer than two readings if no
                   fewer than two thirds of the total number of deputies of each house of the
                   Jogorku Kenesh has voted for them. The date of adoption of the draft law
                   shall be considered to be the day when the vote on adopting the draft was
                   taken in both houses. If one house has voted on one day and the other on
                   another day, then the date of adoption of the law shall be considered to be
                   the day when the second house voted for its adoption.

                   7. Introduction of amendments and supplements to the Constitution and
                   constitutional laws during states of emergency shall not be allowed.

                                              Article 66

                   1. An adopted law shall be sent to the President of the Kyrgyz Republic for
                   signing within five working days.

                   2. The President of the Kyrgyz Republic, no later than 15 working days after
                   receiving the law, shall sign it or return it with his objections. The given law
                   shall be subject to a second consideration in the house which adopted it. If
                   under second consideration the law is approved in the earlier adopted
                   wording by a majority vote of no less than two-thirds of the total number of
                   deputies, then the law shall be subject to signing by the President of the
                   Kyrgyz Republic within seven working days.

                   3. A law rejected by the President which, in accordance with this Constitution,
                   has been adopted by a majority vote of no fewer than two-thirds of the total
                   number of deputies of each house of the Jogorku Kenesh, shall be subject to
                   signing by the President within the period established in point 2 of this Article
                   if under second consideration it is approved in the earlier adopted wording by
                   a majority vote of no fewer than three-fourths of the total number of deputies
                   of each of the houses of the Jogorku Kenesh.

                   4. The law signed by the President of the Kyrgyz Republic shall be subject to
                   publication within time periods established by law.

                                              Article 67

                   A law shall enter into effect from the moment of its publication if no other
                   stipulation is made in the law itself or in a law on the procedure of its
                   implementation.

                                              Article 68

                   1. The houses of the Jogorku Kenesh may delegate their legislative authority
                   to the President of the Kyrgyz Republic for a period of no more than one year.

                   2. Legislative authority shall be transferred to the President of the Kyrgyz
                   Republic in the event of dissolution of the houses of the Jogorku Kenesh.

                   3. Legislative authority shall be carried out by the President of the Kyrgyz
                   Republic by the adoption of decrees, which have the force of law.

                   4 In the event of the dissolution of one of the houses of the Jogorku Kenesh
                   the President of the Kyrgyz Republic shall carry out the legislative authority of
                   that house only.

                                             Chapter Five
                                          EXECUTIVE POWER

                                              Article 69

                   Executive power in the Kyrgyz Republic shall be carried out by the
                   Government of the Kyrgyz Republic, ministries subordinate to the
                   Government, state committees, administrative agencies, and local state
                   administration.

                                      Section One. THE GOVERNMENT
                                              Article 70

                   1. The Government of the Kyrgyz Republic shall be the highest executive body
                   of State Power in the Kyrgyz Republic.

                   2. The activity of the Government of the Kyrgyz Republic shall be headed by
                   the Prime Minister of the Kyrgyz Republic. The Government of the Kyrgyz
                   Republic shall consist of the Prime Minister of the Kyrgyz Republic, Vice-Prime
                   Ministers, Ministers and Chairmen of State Committees of the Kyrgyz Republic.

                   3. Entry into office of a newly elected President of the Kyrgyz Republic shall
                   entail resignation of the Government of the Kyrgyz Republic.

                   4. The Prime Minister, the Government of the Kyrgyz Republic, or an individual
                   member of the Government shall have the right to submit his resignation,
                  which shall be accepted or declined by the President of the Kyrgyz Republic.

                   5. Acceptance of the resignation of the Prime Minister of the Kyrgyz Republic
                   shall entail the resignation of all members of the Government. In the event of
                   an accepted resignation, the Government may continue to act, by instruction
                   of the President of the Kyrgyz Republic, until the formation of a new
                   Government of the Kyrgyz Republic.

                                              Article 71

                   1. The Prime Minister shall be appointed by the President of the Kyrgyz
                   Republic with the consent of the Assembly of People's Representatives.

                   2. Nomination of a candidate for Prime Minister shall be submitted to the
                   Assembly of People's Representatives no later than two weeks after entry
                   into office of the newly elected President of the Kyrgyz Republic, or after
                   resignation of the Prime Minister or Government, or within one week from the
                   day of rejection of a nominee by the Assembly of People's Representatives.

                   3. The Assembly of the People's Representatives shall take its decision on
                   giving consent to the appointment of a Prime Minister no later than seven
                   days from the day of submission of the nominee.

                   4. After three refusals by the Assembly of People's Representatives of
                   nominees for Prime Minister, the President of the Kyrgyz Republic shall
                   appoint a Prime Minister and dissolve the Assembly of People's
                   Representatives.

                   5. The Assembly of the People's Representatives may express a no confidence
                   vote to the Prime Minister. A resolution of no confidence in the Prime Minister
                   shall be adopted by a majority vote of no fewer than two-thirds of the total
                   number of deputies of the Assembly of People's Representatives. After an
                   expression of no confidence in the Prime Minister by the Assembly of People's
                   Representatives, the President of the Kyrgyz Republic shall have the right
                   either to announce the resignation of the Prime Minister or to reject the
                   decision of the Assembly of People's Representatives. In the event that the
                   Assembly of People's Representatives expresses no confidence in the Prime
                   Minister a second time within three months, the President of the Kyrgyz
                   Republic shall either announce the resignation of the Prime Minister or
                   dissolve the Assembly of People's Representatives.

                   6. The Prime Minister, in accordance with the Constitution of the Kyrgyz
                   Republic, laws, and decrees of the President of the Kyrgyz Republic,
                   determines the fundamental directions of the activities of the Government,
                   organizes its work, and personally answers for its activities.

                                              Article 72

                   1. The President of the Kyrgyz Republic shall monitor the work of the
                   Government of the Kyrgyz Republic. The President shall have the right to
                   preside at meetings of the Government.

                   2. The Prime Minister shall present a report on the work of the Government to
                   the Legislative Assembly and the Assembly of People's Representatives
                   annually.

                                              Article 73

                   1. The Government of the Kyrgyz Republic shall decide all matters of state
                   governing except authorities vested in the President of the Kyrgyz Republic
                   and the Jogorku Kenesh by the Constitution.

                   2. The Government of the Kyrgyz Republic shall:

                   prepare the Republican budget, submit it to the Assembly of People's
                   Representatives, and provide its implementation;

                   pursue budgetary, financial, tax, and price policy;

                   organize and manage state property;

                   take measures on the defence of the country, state security, and
                   implementation of foreign policy of the Kyrgyz Republic;

                   take measures to provide rule of law, and the rights and freedoms of citizens,
                   to protect property and public order, and to fight crime.

                   3. The Government of the Kyrgyz Republic and the National Bank of
                   Kyrgyzstan shall provide the implementation of a uniform monetary, credit and
                   currency policy.

                                              Article 74

                   The Government of the Kyrgyz Republic shall issue decrees and ordinances
                   binding throughout the territory of the Kyrgyz Republic for all bodies,
                   organizations, officials and citizens and organize, supervise and secure their
                   fulfillment.

                                              Article 75

                   1. The Government of the Kyrgyz Republic shall guide the activity of ministries,
                   state committees, administrative departments and bodies of local state
                   administration.

                   2. Ministries, state committees, and administrative departments shall issue
                   within their competence, decrees and ordinances on the basis and for the
                   implementation of the Constitution, laws of the Kyrgyz Republic, resolutions of
                   the houses of the Jogorku Kenesh, acts of the President, and organize, verify
                   and secure their implementation.

                   3. The Government of the Kyrgyz Republic shall hear reports of the heads of
                   local state administration and invalidate their acts, which contradict the
                   legislation of the Kyrgyz Republic.

                                 Section Two. LOCAL STATE ADMINISTRATION
                                              Article 76

                   The local state administration shall carry out executive power in the regions,
                   districts, and cities.

                                              Article 77

                   1. Local state administrations act on the basis of this Constitution and the
                   laws of the Kyrgyz Republic.

                   2. Implementation of decisions of local state administrations adopted within
                   the bounds of their competencies shall be mandatory on the given territory.

                             Section Three. THE PROCURATOR'S GENERAL OFFICE
                                              Article 78

                   The Procurator's General Office shall supervise, within the bounds of its
                   competency, the accurate and uniform implementation of legislative acts. "The
                   organs of the Procurator's General Office shall carry out criminal investigations
                   and participate in court examinations of cases in circumstances and
                   procedures provided by law.

                                             Chapter Six.
                                          COURTS AND JUSTICE

                                              Article 79

                   1. Justice in the Kyrgyz Republic shall be administered only by the courts

                   2. In the Kyrgyz Republic there shall be the following courts: the
                   Constitutional Court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz
                   Republic, the Higher Arbitration Court of the Kyrgyz Republic, and local courts
                   (courts of oblasts, Bishkek City court, district and municipal courts, arbitration
                   courts of oblasts and of City of Bishkek, military courts).

                   Creation and establishment of extraordinary or ad hoc courts and judicial
                   positions shall not be allowed.

                   3. The status of courts and judges in the Kyrgyz Republic shall be defined by
                   the Constitutional laws. The organization of and procedure for court operation
                   shall be specified by law.

                   4. A judge shall be subordinated only to the Constitution and the Law. A
                   judge shall enjoy the right to immunity and inviolability, and in accordance
                   with his status, shall be provided with social, material and other guarantees
                   of his independence.

                                              Article 80

                   1. A judge of the Constitutional Court, the Supreme Court, and Higher
                   Arbitration Court may be a citizen no younger than 35 years and no older 70,
                   who has a degree in law and no less than 10 years of experience in the legal
                   profession.

                   Judges of the Constitutional court of the Kyrgyz Republic shall be elected for a
                   term of fifteen years by the Legislative Assembly and the Assembly of
                   People's Representatives upon nomination by the President of the Kyrgyz
                   Republic.

                   Judges of the Supreme Court and of the Higher Arbitration Court of the Kyrgyz
                   Republic shall be elected for a term often years by the Assembly of People's
                   Representatives upon nomination by the President of the Kyrgyz Republic.

                   2. A judge of a local court may be a citizen of the Kyrgyz Republic, no older
                   than 65 years, who has a degree in law and no less than 5 years experience
                   of work in the legal profession.

                   Judges of the local courts shall be appointed by the President of the Kyrgyz
                   Republic initially for a term of 3 years, and subsequent terms for 7 years.

                                              Article 81

                   1. Judges may be removed from office on the basis of bad health, at their
                   personal request, for commission of crime, based on a binding court
                   judgement and on other grounds, provided by law.

                   2. Judges of the Constitutional Court of the Kyrgyz Republic may be removed
                   from office upon presentation by the President of the Kyrgyz Republic by the
                   majority of not less than 2/3 of votes of the total number of deputies of each
                   house of the Jogorku Kenesh of the Kyrgyz Republic.

                   3. Judges of the Supreme Court and Higher Arbitration Court may be removed
                   from office upon presentation by the President of the Kyrgyz Republic by the
                   majority of no less than 2/3 of the votes of the total number of deputies of
                   the Assembly of People's Representatives.

                                              Article 82

                   1. The Constitutional Court shall be the highest body of the judicial power for
                   the protection of the Constitution of the Kyrgyz Republic.

                   2. The Constitutional Court shall consist of the Chairman, the Deputy
                   Chairman and seven judges of the Constitutional Court.

                   3. The Constitutional Court shall:

                   1) find laws and other normative legal acts unconstitutional in the event they
                   contradict the Constitution;

                   2) resolve disputes, concerning the effect, application and interpretation of
                   the Constitution,

                   3) determine the validity of the elections of the President of the Kyrgyz
                   Republic,

                   4) issue a judgement concerning the removal from office of the President of
                   the Kyrgyz Republic as well as judges of the Constitutional Court, the
                   Supreme Court, the Higher Arbitration Court of the Kyrgyz Republic;

                   5) give its consent for initiation of criminal prosecution of judges of local
                   courts;

                   6) issue a judgement concerning amendments and changes to the
                   Constitution of the Kyrgyz Republic;

                   7) annul the decisions of bodies of local self-government which contradict the
                   Constitution of the Kyrgyz Republic;

                   8) render decisions concerning the constitutionality of practices in the
                   application of laws which affect the constitutional rights of citizens.

                   4. The decision of the Constitutional Court shall be final and shall not be
                   subject to appeal. Finding laws or other acts unconstitutional by the
                   Constitutional Court shall terminate the effect of these laws on the territory of
                   the Kyrgyz Republic; such finding shall also abrogate normative and other
                   acts, which had been based on the act declared unconstitutional.

                                              Article 83

                   1. The Supreme Court of the Kyrgyz Republic shall be the highest body of
                   judicial power in the area of civil, criminal, and administrative court
                   proceedings.

                   2. The Supreme Court of the Kyrgyz Republic shall supervise the operation of
                   courts of oblasts. City of Bishkek, districts, cities and military courts of the
                   Kyrgyz Republic.

                                              Article 84

                   I. The Higher Arbitration Court of the Kyrgyz Republic, regional arbitration
                   courts, and arbitration court of the City of Bishkek shall form a single system
                   of arbitration courts of the Kyrgyz Republic.

                   2. Arbitration courts shall resolve disputes, which emerge in the economic
                   area and in the process of management thereof between economic subjects,
                   based on different forms of property.

                   3. The Higher Arbitration Court of the Kyrgyz Republic shall carry out oversight
                   of the operation of arbitration courts of regions and City of Bishkek of the
                   Kyrgyz Republic.

                                              Article 85

                   1. By the decision of the sessions of citizens, local keneshes, or other
                   representative body of self-administration, aksakal's courts or third party's
                   arbitration tribunals may be established on the territories of ails, settlements,
                   cities, from the elder people or other citizens, held in respect and authority.

                   2. Aksakals' courts and third party's arbitration tribunals shall hear property,
                   family disputes and other cases, provided by law, which were submitted to
                   these courts by the consent of the parties to a dispute, with the purpose of
                   conciliation and passing a just decision which would not contradict the law.

                   3. The decisions of aksakal's courts and third party's arbitration tribunals may
                   be appealed to the appropriate district and city courts of the Kyrgyz Republic.

                                              Article 86

                   1. The decisions of the courts of the Kyrgyz Republic, which have come into
                   force shall be binding upon all state bodies, economic subjects, public
                   associations, officials and citizens on the territory of the Republic.

                   2. Failure to execute the decisions of the courts which came into force, as well
                   as interference with the activity of courts shall entail liability, established by
                   Law.

                                              Article 87

                   1. A court shall not be entitled to adopt a normative act which contradicts the
                   Constitution of the Kyrgyz Republic.

                   2. If in the course of a hearing in any instance, there arises a issue of the
                   constitutionality of a law or other act, on which the resolution of the case
                   depends, the court shall send an inquiry to the Constitutional Court of the
                   Kyrgyz Republic.

                                              Article 88

                   1. A citizen, charged publicly or otherwise, shall have the right to protection of
                   his/her dignity and rights in the court; in no circumstances a citizen may be
                   denied of the court protection.

                   2. The defense shall be an inalienable right of a citizen in any stage of the
                   trial of the case.

                   If a citizen does not have funds, the legal assistance and defense shall be
                   provided to him/her at the expense of the State.

                   3. Every participant of the court trial shall have the right to be heard.

                                              Article 89

                   1. In criminal and administrative cases, the burden of proof shall stay with the
                   prosecutor.

                   2. Evidence received by way of violation of law shall be recognized as void,
                   and reference to such evidence during the trial shall not be allowed.

                                              Article 90

                   Principles of justice, established by this Constitution, shall be universal and
                   single for all courts and judges in the Kyrgyz Republic.

                                            Chapter Seven
                                      LOCAL SELF-ADMINISTRATION

                                              Article 91

                   Local self-administration in the Kyrgyz Republic shall be carried out by local
                   associations, which manage affairs of local character within the bounds of the
                   law and under their own responsibility.

                                              Article 92

                   Local self-administration shall be carried out through local keneshes and
                   other organs, which may be formed by the population itself in procedures
                   established by law. Organs of local self-administration may have communal
                   property in their own possession and at their own use and disposal.

                                              Article 93

                   The fundamentals of the organization and activities of organs of local
                   self-administration shall be established by the laws of the Kyrgyz Republic,
                   and their mutual relations with organs of state power shall be regulated by
                   the laws of the Kyrgyz Republic.

                                              Article 94

                   Organs of local self-administration may be endowed with individual state
                   powers, accompanied by the transfer [to them] of the material, financial, and
                   other means necessary for their execution. Organs of local self-administration
                   shall be accountable to state organs concerning transferred power.

                                              Article 95

                   1. Local keneshes shall:

                        approve and monitor programs of social and economic development of
                        the territory and social protection of the population;
                        approve the local budget and report on its implementation and hear
                        information on the use of extra-budgetary funds;

                   2. Local keneshes of districts, cities, oblasts shall be entitled to express no
                   confidence vote to the head of the local state administration of the
                   appropriate territorial unit, by the majority of two-thirds of the total number of
                   deputies.

                   3. Local keneshes shall operate independently from the local state
                   administration.

                   4. Within their authority, local keneshes shall adopt acts, binding throughout
                   their territory.

                   5. Local keneshes and other bodies of local self-administration shall be liable
                   before the state for observation and implementation of laws, and before local
                   community for the results of their activities.

                                             Chapter Eight
                             THE PROCEDURE OF AMENDING AND SUPPLEMENTING
                                THE CONSTITUTION OF THE KYRGYZ REPUBLIC

                                              Article 96

                   1. Amendments and supplements of this Constitution shall be adopted by
                   referendum, appointed by the President of the Kyrgyz Republic.

                   2. Amendments and supplements may be adopted in the houses of the
                   Jogorku Kenesh after a proposal by the President of the Kyrgyz Republic, by a
                   majority of the total number of deputies of the Legislative Assembly and
                   Assembly of People's Representatives, or by no fewer than 300, 000 voters.

                   3. Proposals on introducing amendments and supplements to the Constitution
                   of the Kyrgyz Republic shall be considered by the Legislative Assembly and
                   Assembly of People's Representatives, taking into account the ruling of the
                   Constitutional Court of the Kyrgyz Republic, no earlier than three months and
                   no later than six months from the day of submission of the proposal to the
                   Legislative Assembly and Assembly of People's Representatives.

                   4. The text of a draft law on introducing amendments and supplements to the
                   Constitution of the Kyrgyz Republic may not be altered during discussion on it
                   in the Legislative Assembly and Assembly of People's Representatives.

                                              Article 97

                   1. Amendments and supplements to this Constitution shall be considered
                   adopted by the Jogorku Kenesh if no fewer than two-thirds of the total
                   number of deputies of each of its houses have voted for them.

                   2. The non-adopted proposal may be re-submitted to the Jogorku Kenesh no
                   earlier than after one year.

                                              Section II

                   Laws and other legal acts which are in effect on the territory of the Kyrgyz
                   Republic before this Law enters into effect shall be employed insofar as they
                   do not contradict the Constitution of the . Kyrgyz Republic.

                                              Section III

                   This Law shall enter into effect from the moment of its publication by the
                   President of the Kyrgyz Republic according to the results of the referendum.

                                                President of the Kyrgyz Republic A.Akayev

 



Home || Treaties || Search || Links